Ram Chandra Rathi vs Madhu Bansal

Manoj Jain, J

Petitioner is defending a suit which is commercial in nature.

When the present petition was taken up by this Court on 21.04.2025, Mr. Amit Sharma, learned counsel for petitioner/defendant submitted that he was limiting his request to cross-examine PW-2 Mr. Abhishek Bansal only.

He reiterates that he is not seeking any further relief and would ensure that even such cross-examination is conducted, without any delay.

The next date before the learned Trial Court is stated to be 03.06.2025.

Mr. Avneet Singh Sikka, learned counsel for respondent/plaintiff submits that though the petitioner is not entitled to be given any kind of indulgence by this Court, keeping in mind the abovesaid limited request, and without prejudice to his rights and contentions, he would have no objection to the abovesaid request. He, however, submits that since the witness is now being called again, petitioner may be burdened with some cost.

Keeping in mind the overall facts of the case, and also appreciating the gracious concession given by Mr. Sikka, the present petition is disposed of with the direction that PW-2 Mr. Abhishek Bansal would make himself available before the learned Trial Court on the next date i.e. 03.06.2025, and the defendant, without fail, shall cross-examine him on said date.

All in all, the defendant concerned would be entitled to only one effective opportunity in this regard.

Simultaneously, the petitioner herein is also burdened with a cost of Rs. 10,000/- which shall be paid to the opposite side on the date fixed.

Petition stands disposed of in aforesaid terms.

Pending applications also stand disposed of.